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A NARRATIVE  

OF THE

ATROCITIES

COMMITTED BY

THE CREW OF THE PIRATICAL BRIG,

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EL DEFENSOR DE PEDRO,”

WITH

1A BRIEF ACCOUNT OF THE TRIAL AND EXECUTION

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TO WHICH IS PREFIXED,

THE CONFESSION 0F THE CREW.

WITH A PORTRAIT OF BENITO SOTO,
1 THEIR LEADER, .
WHO WAS EXECUTED AT GIBRALTAR, JAN. 25, 1830.

 

“ Quaequg ipse miserrima vidi,
Et quorum pars magna fui." VIRG. En. Lib. II.

 

 

LONDON:

EFFINGHAM WILSON, ROYAL EXCHANGE.
1830.

 

 

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A NARRATIVE
!

OF THE

ATROCITIES

COMMITTED BY

THE CREW OF THE PIRATICAL BRIG,

“ EL DEFENSOR DE PEDRO,”

WITH

A BRIEF ACCOUNT OF THE TRIAL AND EXECUTION

@702 131mm.

TO WHICH IS PREFIXED,

THE CONFESSION OF THE CREW.

WITH A PORTRAIT OF BENITO SOTO,
THEIR LEADER,
WHO WAS EXECUTED AT GIBRALTAR, JAN. 25, 1830.

 

 

— “ Quaeque ipse miserrima vidi,
Et quorum pars magna fui.” VIRG. En. Lib. II.

 

 

LONDON:

EFFINGHAM WILSON, ROYAL EXCHANGE.
1830.

LONDON 1

PRINTED BY R. CLAY, 7, BREAD-STREET-HILL,

CHEAPSIDE.

”my. - g
“5 M fig

TO
THE CHAIRMAN AND GENTLEMEN

OF THE

Qtnmmitm nt’ momma

THIS NARRATIVE

0F
PIRACY AND MURDER COMMITTED ON THE HIGH SEAS
IS

MOST RESPECTFULLY INSCRIBED,

BY THE AUTHOR,

1\.B.

LONDON,
_ zlpril ,8 1830.

 

PREFACE

WHILST the navies of Europe and America are partly laid
up in ordinary, and the attention of ships in commission is
drawn to their respective'stations, the North and South
, Atlantic, and seas adjacent, are infested with‘sea robbers,
who, under the cloak of republican flags, are in the ‘daily
commission of most atrocious piracies.

The usual tracts of shipping, to and from the East and
West India colonies, have been of late swarming with those
desperadoes, who, not content with stripping their defence-
less victims of their property, without any regard to age or sex,
have added murder and violation to their robberies.

There is strong reason for the belief that many ships and
vessels, (the actual loss of which has never been ascertained,
and which were thought to have foundered at sea,) have met
the fate of the American ship Topaz, the destruction of which
forms, in part, the subject of the following narrative.

In this age of peace, when..me_rchant vessels should cross
the seas without fear of molestation, none dare venture
to foreign parts Without being armed, and manned accord-
ingly; as it is not a slight force that can successfully resist
or repulse some of those daring robbers, provided, as they
generally are, with fast-sailing vessels, well manned and
armed. It will be too clearly proved by the succeeding
statement of facts, to What excess piracies have lately been

carried.

assuage

vi PREFACE.

rThe long delay of the trial of the prisoners at Cadiz, and
that of their chief, Benito Soto, at Gibraltar, has prevented
the writer of these sheets from laying them sooner before the
public, whose interest is deeply involved in the subject; yet,
from their intrinsic importance, he trasts that, even at this
late date, they will experience a reception not less favourable
than they would have been honoured with, had they appeared
eighteen months ago.

Ten of the rufi‘ians having been condemned and executed
at Cadiz, and their leader, Benito Soto, having likewise
suffered at Gibraltar, after a most ably—conducted and impar-
tial trial, no doubt, respecting their identity, exists in the
public mind. One of them, Jose Santos, the leader of the
band that boarded the Morning Star, and consequently one
of the most desperate characters, is still missing. A slight
report prevails of his having been apprehended at, or in the
neighbourhood of, Genoa; but, whether authentic or not, re-
mains to be proved. He is in height about six feet, light
hair and fair complexion, and a native of the island of Sta-
Catalina, on the coast of Brazil. Should he fall under the
cognizance of any of the public authorities ‘on the continent,
it is anxiously to be hoped that justice will not much longer
be defrauded of her due.

ABSTRACT

OF THE

CONFESSIONS OF THE CREW

0F

awe mama! ism;
“ EL DEFENSOR DE PEDRO,”

WHICH WAS STRANDED, ON OR ABOUT THE 9th OF MAY, 1828, AT
THE CORTADURA,* FOUR on FIVE MILES To THE EASTWARD
on ST. SEBASTIAN’S LIGHT-HOUSE, CADIZ.

 

 

THE brig, Defensor de Pedro, having run on shore in the
night, the BritishVice-Consul, Mr.J. M. Brackenbury, jun. and
several other gentlemen of respectability in Cadiz, repaired,
with the utmost promptitude, to the beach, to afford all the
assistance and relief in their power to the unfortunate crew.
The men, however, pretended, that they did not require any
assistance; and their representation was, that their brig was
named the Defensor de Pedro—that they were commanded
by Maris de Sousa Saamento, an officer of the Brazilian
navy—that they had sailed from Rio de J aneiro in the latter
end of November, 1827, with an Imperial licence to cruise
and to trade, with a twelvemonth’s leave of absence—and
that it was entirely by accident that the vessel had been
stranded on the coast.

No suspicion arising of what had been in reality the former
occupation of this shipwrecked crew, little or no notice was
taken of their proceedings. They consequently availed them-
selves of the opportunity afforded, and landed without moles-
tation, or even examination by the king’s revenue oflicers,

* The Cortadura of Cadiz is a battery, from beach to beach, to the eastward
of Cadiz.

B2

8

the whole of their effects, and safely conveyed them into the
town of Cadiz, in different parts of which they procured
lodgings.

They remained unsuspected for many days; but at length
— the disorderly conduct of some of the parties attracted notice.
Amongst other points, the man who personated the Captain
wished to sell the wreck of the brig by private contract. This
was contrary to the laws of Spain. He- presented himself to
the Portuguese Vice-Consul as Maris de Sousa Saamento,
an officer of the Brazilian navy; but, unfortunately for the
success of his deception, the father of the real M. de S.
Saamento, admiral in the Brazilian navy, had formerly been
well known to, and indeed was an intimate friend of the
Portuguese Vice-Consul. IIis deportment and manners, too,
were not at all those of a gentleman and an oflicer, as he
was observed to return, very awkwardly, the salute of the
centinel at the gates. Besides this, the crew had been seen
going about the town, squandering money; conduct which
was not at all in accordance with the usual circumstances of
shipwrecked mariners. The pretended captain was still un-
willing to have the wrecked vessel sold by public auction,
according to the custom of the country. All this induced the
different authorities in Cadiz to entertain strong suspicion
that the crew were not what they represented themselves to
be. They were, therefore, summoned separately, in order to
depose to the object of their voyage—t0 state the different
occurrences, and to account for their having lost so many
of their companions, as the original muster-roll contained
the names of forty-three men, while only seventeen had come
on shore when the vessel was stranded.

On the receipt of this summons, four of the number made
their escape from Cadiz: Benito Soto, alias Barredo, the
ringleader, who passed in Cadiz as first mate,- and José
Santos, his chief accomplice, were two of them. This flight
naturally excited yet stronger suspicion; and, in consequence,
the remaining thirteen were immediately taken into custody.
They were separately interrogated; and, their depositions
differing in; all points, they were safely lodged in prison.
'Their luggage, which was considerable, was all seized; and,

9

on being examined, different articles of wearing apparel were
found to bear’the names of the captain of the Morning
Star, (Thomas Gibbs); Mr. F. Goodwin, surgeon of the first
r'oyals, passenger in the same ship; and of many others be-
longing to the Morning Star, and to the American ship
Topaz. ~The latter vessel they afterwards confessed having
burnt, after murdering the crew.

The Morning Star, of Scarborough, had arrived at London,
in the middle of April, 1828; and all that had happened to
her, having been reported at Lloyd’s, and thence to the Navy
Board, 810. circulars, announcing the facts, were sent to all
ports under the British flag, and to the British consuls abroad.
Mr. Brackenbury, jun., Vice-Consul at Cadiz, having repre-
sented the circumstances to the respective authorities in that
port, it was conjectured that the Defensor de Pedro was
the piratical brig which had committed the depredations and
atrocities alluded to on board of the Morning Star. The
prisoners were, therefore, more closely confined and watched.
Soon afterwards, they underwent a second examination; and,
having been informed that the Morning Star had reached
England safe, and that it would be useless for them to dis-
semble any further, they confessed before the Tribunal de
Guerra, and subsequently before the Intendant of Police,
all the atrocities they had committed since their insurrection
and departure from the coast of Africa, where they had
left their lawful commander, the real Maris de Sousa Saa-
mento, son of the Brazilian admiral of the same name.

The intelligence having reached England of the Defensor
de Pedro having been stranded, and of the confession of the
crew, three of the survivors of the Morning Star were sent,
by order of the Lord High Admiral, to Cadiz, for the purpose
of identifying the men then in custody. These persons were
interrogated before the Tribunal de Guerra, and again be-
fore the Intendant of Police; and, after they had deposed
to the whole of the transactions, and piratical proceedings on
board of their ship, on the 19th day of February, 1828, they
were conducted to the prison, where twenty~siX prisoners
were brought forward and ranged in‘a line before them.
They immediately identified the persons of eight pirates,

10

which eight they declared, on oath, to be part of the crew
of the brig which had boarded their ship, the Morning Star,
on the day before-mentioned, off the island of Ascension.
Their names were as follows :—

St. Cyr Barbazan, alias Francisco Ricardo . . . . . . Frenchman.

Francois Gouvin, alias George Latuille ....... Frenchman.
Marie Guillaume Teto, alias Pedro Chaupé ..... Frenchman.
Frederick Rendu ................... Frenchman.
Domingo Antonio .......... . ....... Portuguese.
Joaquin Francisco .................. Portuguese.
Manuel Antonio Rodriguez (original first- mate) . . Portuguese.
Joaquin Palabra (black boy) ....... . . . . African.

There were five others; but as it appeared that they had
not boarded the Morning Star, they could not be identified.
However, their confessions, which coincided with those of
their companions, were sufficient to prove that they had been
part of the crew, and actually on board the brig during her
voyage, and that they had aided and assisted in the different
acts of piracy which had been committed by the Defensor de
Pedro. Their confessions are, in substance, here given.

It has been mentioned, that the crew of the Defensor de
Pedro had deposed that they sailed from Rio J aneiro at the
latter end of November, 1827. Upon their second examina-
tion, they confessed that they arrived on the coast of Africa
at the latter end of January, or at the beginning of February,
1828. Their lawful commander, Maris de Sousa Saamento,
being on shore with a boat’s crew, transacting the business of
the ship, Benito Soto, who, it appears, was second mate, ‘
proposed, in combination with J osé Santos, St. Cyr Barbazan,
and some others, to take possession of the vessel, to stand
out to sea, and turn pirates. His project was to go down the
coast, and capture slave vessels, and afterwards to take the
slaves to aWest Indian market. Professing to be acquainted
with the nature of this business, he assured them of success.
In pursuance of this plan, they proceeded to secure, under
hatches, between decks, the rest of the crew, Portuguese and
Brazilians. The first mate, Manuel Antonio Rodriguez, was

1'1

confined in the cabin. They then put to sea, Benito Soto)
taking the command.

Having armed themselves, they called up the men who
were confined below. They gave a boat, and some provi-
sions, and their clothes, to those who were not willing to join-
in their piratical undertakings, allowing them to make the
best of their way to the shore; in the expectation, however,
that before they could reach it, the boat would be dashed in
pieces among the rocks and breakers on that rude and sterile
coast. The insurgents next ordered Manuel Rodriguez up,
and placed him at the helm, directing him to steer the vessel
to the westward, for the Island of Ascension; threatening to
shoot him, if he should deviate the least from the course
prescribed. To enforce their threat, Benito Soto andJosé
Santos stood one on each side of him, with loaded pistols.

A few days after leaving the coast of Africa, Benito
Soto, having taken umbrage at some words that one of his
accomplices had uttered, and conceiving that he Wished to
dispute with him the superiority and command, took advan-
tage of an opportunity when the man was lying asleep on the
deck, and discharged the contents of one of his pistols into
his head, and then threw him overboard. After this exploit,
he retained the chief command, keeping, as his trusty sup-
porters, José Santos and St. Cyr Barbazan, the two most
daring and determined villains of the crew. ”The arms and
ammunition he kept locked up, and never allowed any of the
crew access to them but by his desire.

Sixteen or seventeen days after leaving the coast they saw
the Island of Ascension.——They confessed having overhauled
the bark Morning Star, and having committed all , the atro-
cities and depredations hereafter to be related. They more-
over confessed, that, when they returned to their own vessel
in the evening, with their plunder, Benito Soto inquired of
Jose Santos Whether they had got every thing out of the
ship; and, having been answered that they had taken all that
could be removed, Benito Soto next inquired, whether they
had killed all the crew and passengers, as he had previously
directed. J osé Santos answered in the negative; but observed
that they had done that which would be equallyeffective, for

12

they had bored auger-holes in the bows of the vessel—she
would not swim two hours longer——-the Englishmen were all
drunk and asleep, confined under hatches-—but that they had
taken compassion on the women.

Benito Soto further inquired, who the persons were in the
boat with them. J osé Santos said, they were two sailors and
a soldier, who had assisted all day in transhipping the plunder
from the Morning Star. Benito Soto then ordered them to
be shot immediately; but, on hearing the reports of pistols,
on the deck of the brig, when the villains were murdering
Capt. Gibbs, and Mr. Mowatt, the second mate, the three
men leaped overboard, and were undoubtedly drowned.

The prisoners also made a confession of much cruel treat—
ment which the females had received from them.

After this scene of piracy and murder, the Defensor de
Pedro steered to the northward, anticipating that the
Morning Star would be under water before the crew, or
the women, would be aware of her sinking state. Three or
four days afterwards, however, some doubts arising that the
Morning Star might not have sunk, as they had intended,
they turned back, standing towards the Island of Ascension,
'with the full determination, should they find her, to murder
all hands on board, and destroy the ship. Providence had
kindly ordered otherwise, as will hereafter appear, through
the prudent manoeuvring of the first-mate, Mr. Bushby, and
his remaining crew.

On the 29th of February, ten days after the catastrophe of
the Morning Star, the Defensor de Pedro fell in with the
American ship Topaz, of Boston. Coming up with her in the
afternoon, the pirates found she was laden with saltpetre,
bales of silk, and silk goods. They proceeded with her as
with the Morning Star; getting the Captain and supercargo,
and the boat’s crew, on board the Deféhsor de Pedro, and
then going on board the Topaz in the same boat, driving all
the rest of the crew below, and plundering her of all the
most valuable part of her cargo. It was their intention to
scuttle her also; but they could not get low enough (aslthey
acknowledged), on account of the saltpetre. They therefore
determined to set her on fire, which they did, having first

13

murderedall on board, except two. This diabolical pro-
ceeding was accomplished as follows :———-

The men confined below were called up, one by one, and
ordered to walk forward; and, as they did so, one of the
pirates, reputed an expert marksman, shot them from behind
the mainmast, and his companions instantly threw them into
the sea.

The two that escaped shooting, then, were, first, a man of
colour, who, it appears, was the steward, or servant to the
Captain. He had secreted himself in the hold, but was
soon forced out by the flames. To protract his impending
fate, he climbed up in the rigging; but the devouring element
did not allow him a long respite; for, quickly getting hold of
the sails and rigging, it rapidly ascended to the mast head,
whither the poor fellow had retreated. Driven to this last
extremity, he had to skip from rope to rope, to the no small
amusement and satisfaction of the pirates, who had returned
to their vessel,‘ and were enjoying the scene.. At length the
wretched creature was so scorched and exhausted as to be
unable any longer to retain his hold: he fell into the sea,
and, by drowning, was relieved from his misery.

The other poor fellow who escaped death at thistime, and
Who will be mentioned hereafter, was respited. He had
been useful to the pirates in transhipping the different goods
from the Topaz ; and as he could speak a little Spanish, and
understood navigation, it was their design to get all the good
they could from him before they should despatch him.

Shortly after they had abandoned the Topaz, the flames
came in contact with the saltpetre; an explosion followed,
and thus the vessel was entirely destroyed.

Another American ship hove in sight on the same evening,
near enough to see the Topaz burning. She was descried
by the pirates, who immediately gave chase; but, proving a
fast-sailer, and the captain altering his course at night, she
had the good fortune to escape.

A few days after this, they fell in with a ship which they
supposed to be a large Indiaman. They approached her near,
enough to perceive that she was armed; consequently they
sheered off.

14

According to the confession of these men, they plundered
several other ships: viz. the Cessnoclc, Sunbury, New Pro-
spect, and a Portuguese vessel; but, full of booty, their mur-
derous propensities seem to have abated, and they contented
themselves with the plunder and ill-treatment of the officers
and crews.

Sated with blood, and their vessel laden with plunder from
the different ships, those desperadoes began to contemplate
the disposal of their booty; and, by their confessions, it
appears they proceeded in the following manner:

Benito Soto, being a native of Pontevedra, in Galicia, a
small sea-port town, not far from Corunna, and having an
uncle residing there, determined upon putting in at that
port, to land the most valuable part of their booty. They
accordingly steered for the coast of Galicia. Here it is
necessary to state, that some misunderstanding had taken
place among themselves; arising, partly, out of a difference
of opinion, as to whether they should murder the crews, and
destroy the vessels after plundering them. The majority, it:
appears, were in favour of the negative; but the other party,
though fewer in number, were the more daring and resolute ;
and, before the dispute ended, five or six of them were killed.

In order to get to Pontevedra, they employed the Ameri-
can whom they had spared from the Topaz, and whose name
they said‘ was William. However, the selfishness, heartless-
ness, and ferocious barbarity of these wretches were soon to '
be displayed. When they got sight of land, Benito Soto,
finding the poor fellow asleep, shot him with a pistol, and
Pedro Chaupé took a knife and cut open his entrails!

Arriving at Pontevedra, Benito Soto landed clandes-
tinely, and deposited, in the custody of his uncle, all the
valuable and portable effects plundered from the different ships,
and which he had kept in his private possession. As Ponte-
vedra, however, is not a licensed sea-port, they could not
land the bales of silk, 8w. taken from the Topaz; they
therefore determined to proceed to Corunna, to discharge
them. Endeavouring to make it appear that they were in
distress, they threw most of their arms overboard; and, ha- .
ving bored holes through the. vessel, they arrived at

l5

Corunna apparently in a sinking state. Indeed, the pumps
were kept constantly going, and a great quantity of water
was seen to be discharged from the ship.—-As they had no
documents, nor any bills of lading for their cargo, they had
recourse to the following stratagem.

Having still on board the naval uniforms of their lawful
commander, Maris de Sousa Saamento, Benito Soto, and his
first-mate, José Santos, made the original first-mate, Manoel
Antonio Rodriguez, dress himself in the uniform, and assume
the name of the right commander of the brig, and personate
him. They accompanied him on shore, and made him report
himself and vessel to the resident Vice-Consul, as in great
distress, requesting permission to land the cargo until the
vessel could be repaired. They at all times kept close to
this pretended captain, the unfortunate instrument of their
villany. The ruflians had arms concealed about their per-
sons, and they would have despatched him, had he given the
slightest hint that would have excited suspicion of their late
piratical proceedings. ’

Permission was granted by the authorities of the town;
consequently they landed, and deposited their goods. 1n the
Custom-house; but as they affected to consider that there
was no suitable place at Corunna, in which to give the
brig the repairs she was in need of, they requested leave for
the goods to remain, while they should take her to Lisbon,
where she could conveniently undergo all the necessary re-
pairs. This was also granted; and the Portuguese Vice-
Consul, (having been bribed, as it is said,) and another
individual, named Francisco Bravo, were made consignees.

They accordingly left Corunna, and proceeded to the
southward, but not for Lisbon, which, being Brazilians, it
was not prudent for them to enter. It is supposed to have
" been Benito’s intention to strand the vessel, and let his com-
panions shift for themselves as they could. He, indeed,
had pretty well secured his own proportion of the booty at
Pontevedra, and hoped at some future time he might recover
what had been left at Corunna.

When the brig had nearly reached Cadiz—the time
being towards evening—Benito Soto ordered the man

16

at the helm to steer direct in for the coast. A few
minutes afterwards, one of his chief accomplices made the
helmsman steer more off. Benito, coming back, said,
“ Steer as I have ordered—I know very well what I am ‘
doing.” He, of course, was obeyed; and in a very few
minutes more, the brig struck. However, as it was a smooth
sandy beach, her bottom was not in the least injured; and,
therefore, to cause her to fill, they hoisted the guns that were
in the hold, as high as the upper deck, and let them fall
suddenly, in order to force a hole in the vessel, and so pre-
clude all means of getting her off.

It was the opinion of some that Benito had intended to
strand the vessel on the Barbary coast. As he had letters
of introduction to a Mr. Lepri, a merchant, at Gibraltar, it is
exceedingly probable that he intended to put into that port——
that he took the light of St. Sebastian’s, at Cadiz, for that
of Tarifa—that he actually thought the vessel was in the gut
of Gibraltar—and that he thus committed the fatal mistake,
which threw him and his associates in crime into the hands
ofjustice. At all events, the hand of Providence may be
traced in the catastrophe. The measure of their guilt was
full; and their host of murders, and atrocities of the deepest
die, were no longer to remain unpunished, even in this world.*

* The following brief summary of the piratical career of the Defiansor de
Pedro, the facts of which were ascertained by a variety of correspondence,
corroborating the confessions of her crew, will assist and enliven the recol—
lection of the reader; and, further, it will place in a bird’s-eye view, as it
were, the extent of the .crimes and depredations which were perpetrated by
a single band of ruffians within the brief period of fifty days.

The Defensor de Pedro sailed from Rio de Janeiro on the 19th of No-
vember, 1827, armada en corso e mercancia (armed as a cruiser and trader),
with an imperial passport for twelve months, armed with seven guns, and
manned with forty men.

On the 19th of February, 1828, the Morning Star, bark, was boarded and
plundered by her, as related in the text.

On the 29th of the same month, the American ship, Tapaz', was boarded
and plundered of eighty cases, or bales, of silk goods, and one 'cask of
indigo; the men murdered, and the ship set on fire.

A few days after (no date given) the Cessnock, Captain Thompson, from
Greenock to Demerara, was plundered.

17

Having thus given a distinct and faithful abstract of the
confession made by the crew of' the Defensor de Pedro,
respecting their proceedings, it remains farther to relate the
acts of atrocity which they committed on board of the bark
i’Worning Star; and also the providential escape of the survi-
ving crew and passengers, and their sufferings and privations,
until their arrival in England. The subjoined narrative is
accordingly given as an authentic and faithful summary of the
depositions, sworn at Cadiz, before two different tribunals,
and at Gibraltar, before the court, by which the criminals
were tried.

The bark, Morning Star, sailed from Colombo, in the
island of Ceylon, on the 13th day of December, 1827, for
England, laden with ebony, coffee, cinnamon, and pepper.
There were also embarked on board seventeen invalids from
the different regiments on the island; four soldiers’ wives,
and nine children. The cabin passengers were z—Major W.
Logie, of the 97th foot; Mrs. Logie and child; assistant- '
surgeon J. Johnson, in charge; assistant-surgeon F. Good-
win, confined to his bed all the voyage; Mr. W. Robison,
of the Ordnance Department, under mental derangement;
and Mr. J. Smyth, a merchant.

On or about the 6th of January, 1828, the ship arrived of
Port Leuis, Mauritius, and laid- to for a few hours. Towards
the end of the month, she put into Table Bay, (Cape of
Good Hope,) for fresh supplies, water, 8w. Sailed from the
Cape on or about the 1st of February. Not suspecting the
presence of any unlawful cruisers in those seas, she steered
to the northward. The island of St. Helena not appearing,

On the 19th of March, the New Prospect, Captain Cleland, from London
to the Canaries: and St. Thomas’s, was boarded and plundered.

On the 23d of March, the Portuguese ship, Ermelinda, was boarded and
robbed of forty-two bags of coffee, eight chests of tea, and two cases of
printed cotton.

On the 8th of April, the brig, Sunbury, from Mauritius to Cowes, was
boarded and plundered—This, it appears, was the last vessel that suffered
previously to the putting in of the Defensor de Pedro at Pontevedra and
Corunna.

Finally, as it has been seen, the DefensOr de Pedro was stranded on the
beach of St. Mary’s, near the Cortadura of Cadiz, on the 9th of May, 1828.

18

the captain thought it prudent to sight Ascension, to ascertain
the rate of the chronometer. ‘

On the 19th of February, at day-light, discovered the
island of Ascension, hearing about north west, distant about
fourteen or fifteen miles. At the same time, descried, on
the larboard bow, a brig under easy sail, and on the larboard
tack. The brig then made more sail close to the wind, keep-
ing still on the same tack, until the Morning Star had passed
her abaft the beam; when the brig hove in stays; and stood
towards the Morning Star, apparently in chase. When she
got in her wake, she set her studding sails, fired a gun to
leeward, and hoisted a blue British ensign.

Captain Gibbs, of the Morning Star, suspecting by her
appearance, and by the lubberly manner in which she had
manoeuvred, that she,was not a British brig of war, refused
to notice her signal, and still kept his course before the wind
and under a press of sail. The brig, coming up fast, fired
another gun, without shot, to leeward again, as a token of
friendship. That had not the desired effect, as Capt. Gibbs
declared her to be either an insurgent or a pirate. ’

At half-past seven, P.M., the brig,-still coming up fast with
the Morning Star, luffed to the wind, and fired a shot from a
gun amidships on a traverse and pivot. This first shot
dropped at about a cable’s length from the stern of the ship.
She then resumed her course in chase, coming up very fast;
but Captain Gibbs still persisted in carrying sail, against the
solicitations of some of the passengers, who wished to heave
the ship to.

At eight, she fired another shot from the same gun. This
second shot dropped within a hundred yards of the starboard
quarter. Captain Gibbs, seeing that it was impossible to
escape, as the brig, by her superiority of sailing, would be
alongside in less than thirty minutes—and certain that, if he
persisted in carrying sail, she would put some shot into the
ship, or cut away some of the masts or yards—gave orders
to take in the studding sails. In consequence of this, the
hostile vessel soon ranged up alongside within pistol shot, fired
a gun, unshotted—hauled the British blue ensign down, I and
hoisted a Buenos Ayrean one,blue, white, and blue, horizontal.

19

Captain Gibbs then hailed the brig, saying, “ What do you
want? ” when he was answered, in English, “ I am a Colom-
bian; lower down your top—gallant sails, and send your boat
on board.”——By this time, the women and children, and the
few invalids who were able to come on deck, had collected
on the water casks that were lashed along-side of the long-
boat, to windward, to have a fair View of the strange vessel.
Captain Gibbs hailing again, said—“ I have not a boat that
will swim.” No sooner had he uttered these words, than the
pivot gun, which was an eighteen-pounder, loaded with ca-
nister shot of two ounces, was discharged, point blank. The
intention evidently was, to clear the deck of spectators, as
upwards of twenty of the shot struck the ship, water casks,
and long boat. An invalid of the sixteenth regiment of foot
received one, which perforated the binder part of his body;
the fore and main course received fifteen or sixteen, and also
the backstays, 8L6. In fact, seventy different places where
shot had struck were afterwards enumerated.

There being no alternative—n0 means of defence—en-
tirely destitute of every kind of arms or ammunition, and
the brigwithin pistol-shot, with six guns pointed, all ready to
repeat the salute—Captain Gibbs gave orders to let the jolly-
boat down from the stern. This was immediately done,
although in a confused manner, neither officers nor men
knowing what to think of the state of affairs.

The boat was despatched, with Mr. Smyth the passen-
ger, Mr. Mowatt, the second-mate, and three sailors. When
they got alongside of the brig, Mr. Smyth went on board. He
was asked Whether he was the captain, and if he had the
ship’s papers. On his answering these questions in the ne-
gative, the crew of the brig ordered three of the men to
come up out of the boat; and, as soon as they were on the
brig’s deck, they began to beat them and Mr. Smyth with the
flat of their swords. Their cries were heard on board .of the
'Morning Star. They then drove them back into their boat,
with orders to send the captain with his papers. When the
boat returned, Mr. Smyth related to Captain Gibbs what had
occurred. He bore marks on his person of the treatmenthe
had received; Mr. .Mowatt also related What had happened,

20

and said he had expected'to be murdered. The pirates were
all armed with'pistols, swords, knives, 8:0. The brig kept
close to the Morning Star, with her guns pointed, tompions
out, as already stated; and it was evidently their intention
to sink the ship, should the captain refuse to comply with
their request.

Seeing that he was bound to comply, Captain Gibbs took,
with great reluctance, some of his papers, ordering Mr.
Mowatt, and the same men, into the boat. Partly antici-
pating what might be the result, he gave his watch to Mr.
Bushby, the first-mate, went into the boat, and pulled to the
brig. No sooner had he' got on board, than he received a
blow on the head with a cutlass, which cut through his hat.
His papers were taken from him and destroyed. The second-
mate and the three sailors were ordered up out of the boat—
driven below, with the captain, by heavy blows of flats of
swords, and the hatches were closed over them. Six of the
pirates then manned the boat, and pulled alongside of the
Morning Star, where all was confusion, and where there
were no means of resistance. They soon boarded. The
boarders were all young, stout, able men; each armed with
a pistol, cutlass, and a long knife in the belt of his cartouch-
box. Getting over the gangway-rail, they uttered dreadful
oaths in Spanish, ordering every body below,.dealing their
blows, right and left, among the women, children, and the
few invalids who were inoffensively looking over the ship’s
side. Four of the invalids, not understanding what they
said,‘and who were not quick enough in their'motions. to get
out of their way, were severely wounded ; amongst them was
one entirely deaf.

Having thus made themselves masters of the ship’s deck,
they distributed themselves—put the hatches over the inva-
lids—and ordered six sailors on deck to work the ship, and
brace the yards to the wind. There were only two sailors left
on board; the cook, carpenter, and one apprentice. The
doctor, and Major Logie, had gone to the assistance of Mrs.
Logie, who had nearly fainted, when the shot passed through
the cabin-skylight, filling the cabin with broken glass. The
yards were trimmed close to the wind, on the larboard tack—

21

main-sail and top.gallant sails set again, and one of the sailors
ordered to take the helm; J osé Santos, the leading man of
the pirates, standing by him, with a pistol, ready cocked, in
one hand, and a drawn cutlass in the other. He was a stout,
athletic man, above six feet high. He gave all the orders,
which were repeated by the others, and in English by St.
Cyr Barbazan, next in command to J osé Santos. Whenever
any orders were given, they would enforce them with blows
of cutlasses, flat, edge, and point. Henry Sales, the carpen-
ter, received from one of these savages a severe sabre Wound
on his left shoulder. He still kept on deck; and, although
i the blood was running in profusion, he was not exempt from
reiterated blows, whenever he passed. within their reach.

The Morning Star, then close to the wind, and the brig
about a quarter of a mile ahead, stood in for the south-east
end of the island, apparently to prevent being observed by
the small garrison established on the north-east part of
Ascension. The jolly-boat, towing alongside, absolutely
under water, and impeding the ship’s progress, was cut away
by the order of J osé Santos.

Finding that they had nothing to fear, from the small num-
ber of the ship’s crew, and the. weak state of the invalids,
whom they had rendered still weaker by the wounds they
had inflicted, they allowed those who were not wounded, or
sick, to come on deck to take the air, and assist to work the
ship. This permission they readily embraced, as they had
been almost suffocated; and they were received. on deck
with more blows of cutlasses from the remorseless assailants.

St. Cyr Barbazan, observing the English ensign still
flying at the peak end, furiously tore it down, and, thrusting
his cutlass through it, dashed it on the deck, and jumped on
it, with a dreadful oath; telling the man at the helm, that, as
soon as he returned to the brig, he would cut the d—d cap-
tain’s throat. Another of this diabolical crew descended into
the cabin, and looked in at all the different state rooms; and,
finding Mr. Goodwin and Mr. Robison, demanded of them
the delivery of their property. From Mr. Robison, he took
a small dirk, of British manufacture. He then went to Mrs.
Logie’s cabin, where, finding Major Logie, Mr. Smith, and.

C

22

Mr. Johnson, the doctor, he commanded them to deliver
their money. Major Logie affirmed that he had none. The
fellow then spoke to, José Santos, who was standing at the
head of the cabin-ladder,ialongside of the'man at the helm,
and, the latter ordered him to send all the passengers upon
deck. This he instantly did; and they were received, at the
top of the ladder, by J osé Santos, with blows of his cutlass,
and, successively, in the same manner, by the other pirates
that were on'deck. , They had'previously driven Mr. Bushby,
the first mate, down into thecabin, and up again, as he could
not understand what they said, or what they required of him.

About twelve or. one o’clock, the brig, being a short dis-
tance a—head, rather on the starboard bow, hove in stays,
and, by some bad manoeuvre, the Morning Star was very
near running foul of her; but, as the Morning Star had still
headway, and the brig’s fore tOp-sail was aback, the latter
paid off, and they passed clear of each other. The ships
being so close, gave to the persons on board of the Morning
Star an opportunity of seeing the deck of the brig. She
mounted four guns a-side, and the one on pivot, an eighteen
pounder, as before stated. She was painted all black, sharp
built; consequently a fast sailer.

PreViously to this occurrence, St. Cyr Barbazan, having
called the cook of the ship, had ordered him, with threats, to
take four of the largest fowls out of the hen-coops, and to
dress them for their breakfast. - This was done without much
,delay; and, when they were brought on the quarter-deck, he
made the cook partake of the repast before any body else
touched it. He next compelled Major and Mrs. Logic and
the child to eat. The rest of the pirates then cleared the
:dishes .; and Barbazan, to amuse himself, threw dishes,
plates, knives and forks, 8L0. overboard.

Having finished their meal, they ordered spirits and wine
to be brought up to regale the Englishmen. On the steward’s
representation, that the wine was the private property of the
passengers, Barbazan speedily enforced his order with a blow
of his cutlass; the spirits and wine were produced; and they
. compelled every person to drink, before they would touch the
liquor themselves, and then they drank very sparingly.

23

Thinking themselves close enough under the land, they
shortened sail, and hove the ship to, cutting top—sail, halyards;
sheets, 8L0. They then made the crew get tackles up, to
hoist the skiff out, in order to tranship the property into their
own vessel. » At length, the skifi' having been hoisted out,
and there being no spare oars to put in her, as they had
been lost with the boat that had been cut away, José
Santos hailed the brig, which kept within pistol-shot, to
send some oars; and, at the same time, a short conversa-
tion took place between him and the commanding pirate,
concerning the cargo, and the booty that was likely to be
made. The men then commenced plundering, filling the
skiff with the live stock; and, by the time that she was
loaded, the brig’s boat was let down, and two more of the
pirates brought oars for the skiff. They came on board the
Morning Star, and their boat was also loaded with plunder.
Nothing escaped their research: passengers’ cabins, their
trunks, and indeed every thing valuable that they‘could lay
hands on, were overhauled and secured. They forced the
captain’s bed-room ; and after breaking open lockers, trunks,
and nautical instrument cases, they carried off all his pro-
perty; viz. four trunks, full of wearing apparel; one, with
all his papers, private letters, 8cc.; a chronometer, symsio-
meter, all his nautical instruments, and charts; all his bed-
furniture; and in fact they left nothing but a large oak. chest,-
too bulky for convenient removal. They did not omit, how-
ever, to rifle its contents. One of the ruflians, Barbazan,
not finding any money in the captain’s trunks, threatened the
steward, putting a long knife to his breast, to stab him, if he
would not discover where it was hidden. The steWard reply-
ing that he knew nothing of it, Barbazan returned to the
cabin; and, searching, a second time, the cabin of Major
Logie, he found a bagfull of silver coin, about, one hundred
and ten pounds’ worth. He rushed boisterously on deck,
with the bag in one. hand, and his knife in the other,nand
again threatened to stab the, steward, exclaiming, with an
oath, which shall be nameless, “ I have found the money! ll”

After stripping the cabins of every thing valuable, they
turned their attention to the captain’s store—rooms; and,

02

24

having been ordered, by the commander of the pirate, to
look for some pipes of wine that were in the ship, the same
fellow, Barbazan, interrogated the steward respecting their
situation. On being told that the wine was in the main hold, ‘
under the cargo, the pirates proceeded to break open the
fore hatch, and to hoist up therefrom several boxes of natural
curiosities, and trunks belonging to passengers. They broke
them open, and pillaged the contents. Not finding the wine
in the fore-hold, and being informed that it was in the after-
hold, Barbazan made a third advance to stab the steward;
who, stepping back from him, had a pistol put to his ear, and
snapped, by Pedro Chaupé. Providentially it missed fire,
by only burning the priming.- Chaupé very coolly pricked
the touch-hole, and primed afresh; when, putting the pistol
to the steward’s ear a second time, he would have pulled the
trigger again, had he not been prevented by Barbazan, Who '
checked his arm; saying to him in French, “ Do not be too
ready with your pistol!” Pedro Chaupé answered, “ Let us
despatch the s——— coquin; he leads us astray, and will not ,
tell us where the property is.”-——“ There is time enough for
that yet,” replied Barbazan. The pistol was then discharged
over the ship’s side, and reloaded.

The pirates completed the lading of the boats with all the
'new sails, new cordage and canvass, all the captain’s stores,
steward’s chest, and provisions of every description, wines, 8:0.
to the amount of about one hundred dozen bottles—The
three sailors, who were 011 board the Defensor de Pedro with
the captain and second mate, were sent back about dusk,
when the leading man, Jose Santos, went on board of the
brig, evidently to learn from the commander in what manner
he should proceed. He soon returned, and they sent the
women down into the cabin, driving all the men down in
the fore-hatch, excepting the two apprentices and one soldier
of the 78th Highlanders, who were in the boats. They then
Secured the hatches; and, whilst some stayed in the cabin,
regaling themselves, the others were employed in disabling
the masts, rigging, 8L0. ., and in boring holes in the bows of
the ship.

It appears that, after perpetrating every atrocity their

25

minds could suggest, they left the ship about ten o’clock,
without noise, and took with them the two apprentices, and
the soldier, so that there should be no intimation given of
their exit, and leaving the women in the cabin ignorant of
the fate of the men.

About one or two in the morning of the 20th, one of the
women waking, and finding all silent around her, and on the
deck, she ventured to rise. The door of the companion not
being fastened, she got on the poop; and perceiving no one
on deck, she resolved to find where the men were. Arriving
at the fore-hatch, she called out; and, being answered, she
said that the thieves were all gone, and there was no vessel
in sight.. She was then told to make no noise, as it was pro-
bable that the fellows were secreted, and in ambush. She
returned to the cabin, and, bringing with her Mrs. Logie,
, they disengaged the hatch, and the men with great difficulty
got upon deck, where, to their consternation, they found
that the captain and four others were missing, all the
main and mizen rigging cut, the mainmast out about five
inches through, about seven feet above deck, the tiller and
wheel all hacked and disabled, the binacle shattered, and
all the compasses, log glasses, 8L0. taken away. They imme—
diately sounded the well, when they found six feet and a half
of water in the ship. By this they concluded that she had
been scuttled. On close examination it Was found that two
auger-holes had been bored in the starboard bow, in the coal— '
hole; and that the pirates had taken the precaution to stop
the holes, in the lining, with corks, to prevent discovery. The
carpenter having been wounded and incapacitated, by Weak-
ness and loss of blood, from rendering any assistance, Ser-
geant W., of the staff corps, passenger, soon made two plugs,
and stopped the holes; all who were able plied at the pumps;
and, as they sensibly gained upon the water, it was presumed
that there could not be any other leaks.

Day-light appearing, the remainder of the crew, 8w.
hoping to discover the boat (skiff) and the five persons
missing, kept an anxious look-out, and made no sail upon the
ship until nine o’clock ; when, finding all their hopes fail, and
no sail whatever in sight—the island being about twenty-four

26

miles to windward—they put her before the wind, setting the
fore-sail and fore-top-sail. The few sailors who were left re—
paired the main and mizen rigging, whilst the ablest of the in-
valid soldiers, reduced to about eight, pumped the water out of
the vessel. ’ The rigging having been spliced, and the mast suffi-
ciently secured to carry sail, on the larboard tack, Mr. Bushby .
altered the course to the westward, for the coast of Brazil,
’ Pernambuco being the nearest—port, lying in the same latitude
as theisland of Ascension. This determination had become
necessary, as the robbers had left them totally destitute of
the most important of their stores. By this manoeuvre, the
ship also gained about one hundred and thirty miles to the
westward, which kept her out of the retrograde track of the
Defensor de Pedro.

The people employed themselves in securing the mast, and
in repairing the damages every part of the ship had sustained;
and, having satisfied themselves that, as the pirates had not
destroyed the fresh water, there was a sufficiency of it for
fifty days, Mr. Bushby, in concert with the major, held a
consultation with the remaining crew, on the morning of the
213t. Deeming it imprudent to steer for the Brazil coast,
which was likely to be infested with pirates as bad as those
from whom they had just escaped—considering, also, the
expenses which the ship must incur—their unanimous resolu-
tion was, to submit to whatever privations might be necessary,
and to exert themselves to the utmost, in order to take the
ship home to her owners. The requisite course was conse-
quently ordered, and the ship put before the wind once more,
for England. '

On the 22d, the invalids reported that a great heat was
rising through the broken fore- hatch. It was immediately
apprehended that the ship was on fire, or in danger of that
calamity. The hatches were therefore removed ; ~ when a
suffocating smell, and steam ascended, occasioned, as it was
speedily ascertained, by a quantity of coffee, which, although
stowed on a dunnage of ebony, of about two feet above the
keelson, had become impregnated, or saturated, rather, with
salt water, and swelled in so extraordinary a manner, that it
was found extremely difficult to break out, the bales of cin-

27.

namon which were stowed between it and the beams of the
ship. To reach this damaged coffee, it was necessary to
hoist upon deck most of the upper part of the cargo; and
this was effected by the incessant exertions of all on board.
At length it was found that the four lower tiers of coffee
Were entirely spoiled by the salt water; and the heat occa-
sioned by it was so intense, that it was dangerous to remain
in the hold more than twelve or fifteen minutes at a time!

After six or seven days of hard labour, the greater part of
the coffee was thrown overboard, the remaining cargo re-
stowed, and a free ventilation established throughout the
ship. Thus it was concluded she was out of danger.

On the 6th day of March, a large ship was discovered to
windward; but, not understanding the signal made, she did
not come to the assistance of the Morning Star; and in the
evening, the wind having shifted to the northward, the latter
tacked, and stood to the eastward for about twenty-four.
hours. The wind then proving favourable again, she rel
sumed her former course to the northward; wishing to meet
some English ships, to obtain supplies, as her little stock of
provisions was nearly exhausted.

On the 13th, discovered a large ship on the lee-quarter;
and, presuming her to be the same that had been seen on the
6th, it was resolved to speak her. Manoeuvred accordingly.
She soon came up within hail, and proved to be the Guil-
ford, Captain Magnus Johnson, on his return homeward from
China. He expressed his wish to render all the assistance in
his power; ‘and kindly supplied the Morning Star with pro-
visions, sails, cordage, nautical instruments, a chronometer,
and in fact every thing that she was in need of. He also.
allowed two of his best seamen to be transferred, to assist in
navigating her to London, at which port she arrived on the 18th
day of April, two months after her encounter with the pirates.
The names of the missing are as follows :—

Thomas Gibbs, Captain, murdered.

Alexander Mowatt, Second Mate, ditto.

Hector M’Phadden, 78th Highlander, Invalid,

R. H. Fletcher and John Larkin, Apprentices,

sea to escape murder, and were shot at in the water.

} jumped into the

The wounded Were :—

Thomas Garvey, of the 16th Foot, invalid; received a canister
shot of two ounces through the binder part of his body.

Henry Sales, carpenter of the ship; received a severe cut with a
sabre on the left shoulder. He fell into a violent fever through
weakness and loss of blood. A piece of bone was extracted from
his shoulder. *

Edward Morris, of the Royal Artillery, invalid; received a severe
wound with a sabre across the right hand, and several other cuts
on different parts of his body.

Patrick Sloane, of the 83d Foot, invalid, deaf; received a very
- severe cut with a sabre across the right arm, diagonally from the
wrist-bone to within about two inches of the bend of the
arm.

Henry Donnoghue, of the 83d Foot, invalid; received two very
severe cuts ; one on the left arm, the other on the head ; and two
or three slight cuts. This man suffered very much, and was almost
given up for lost; but, owing to the exertions of the surgeon, Mr.
James Johnson, he recovered.

Daniel Malone, of the 16th Foot, invalid; received a cut with a
sabre on the right shoulder.

A few days after the arrival of the Morning Star, it
having been erroneously and maliciously stated, through
the channel of a public paper, (by some person very little
skilled in nautical knowledge), that Mr. Bushby was not
entitled to the credit of safely navigating the ship to
England,—the writer of these pages, (one of the sufferers
in the ship, and who was the .most exposed to danger),
takes this opportunity of contradicting the above-mentioned
statement; and he solemnly declares, that to the skill, pru-
dence, and judgment of Mr. Bus-hby alone, is due the credit
of safely conducting her to England. The gentleman (a
passenger) who offered his services to act as mate, deserves
great credit for his exertions, and it is due to him to say he
neither Wished to be flattered, nor to rob another of his due!
Most sensible were all on board, that, but for the protec-

29

tion of a higher Power, the utmost human aid would have
proved unavailing. Had it not been for the all-seeing eye,
the all-powerful hand of Providence, they must have .perished
in the great deep! They failed not to return their humble
and heart-felt thanks to the Almighty Ruler, who, in his
goodness, had brought them in safety through all trials.

—#

It has been already shown, that the piratical brig, Defen-
sor de Pedro, was stranded, on or about the 9th of May,
1828, at the Cortadura, four or five miles to the eastward of St.
Sebastian’s light—house, Cadiz; that, in consequence of suspi~
cions excited respecting the character and conduct of her
crew, they were severally summoned to appear before the
judicial authorities of that city; and that, during the search
which was made for'them, four of the men effected their
escape from the port. These four were, Benito Soto, Jose
Santos, Nicholas Fernandez, and Antonio de Layda.
Benito Soto, having letters of introduction to a respectable
merchant at Gibraltar, named Lepri, obtained admission to
the garrison. José Santos, as it was reported, succeeded in
getting himself stowed away clandestinely in a vessel bound
to Genoa, and thus got clear off. By means unknown,
Nicholas Fernandez and Antonio de Layda proceeded to
Corunna, in the hope of recovering their proportion of the
plunder there deposited; but intelligence of their escape
having reached Corunna, from Cadiz, they were taken into
custody, sent back to the latter town, and there given up to
the proper authorities. Another of the crew, named Nunez
Pereyra, having remained at Corunna when the Defensor de
Pedro sailed frOm thence, applied to the Portuguese Vice
Consul, for a passport to, go to Lisbon. The immediate con-
sequence of this application was his apprehension; and he
also was sent to Cadiz, where he shared the fate of his com-
panions in crime.

Benito Soto, who had escaped to Gibraltar, and José
Santos, who hadpbeen yet more fortunate in sailing for
Genoa, were put upon their trials, par contumace, and they
were each found guilty, and sentenced to be dragged to the

30

place of execution—to be hanged, drawn, and quartered——
and their heads to be left on the Mole. ' J osé ~Santos has not
yet been taken. . l '

' Sixteen of their companions were tried, and found guilty.
Ten were executed on the glacis, at Cadiz, on the 11th and
12th of January, 1830. Of those, six were beheaded, and
their heads exposed on tenter-hooks, at different parts of the
town; viz. two at the Mole-head, adjoining the Custom—
house, otherwise called Point St. Philip; two on the glacis,
at the left hand, on entering the Mole; and the other two at
Puntalles Castle, where they may yet be seen.

After sentence had been passed, St. Cyr Barbazan, one of
the most daring villains of the band, knowing that it was
diflicult to obtain an executioner at Cadiz, and that the exe-
cutioner of Seville was extremely reluctant to leave his own
district, wrote to the Captain-General of Cadiz, offering him-
self to perform the last ofi‘ice of the law on his companions,
on condition that his own life should be spared! Fortunately
for the ends ofjustice, it was not found necessary to attend
to the prayer of this petition. Orders were given to separate
the wretched creature from the rest of the prisoners, and he
was accordingly removed into a distant cell.

The other five prisoners, not having taken part in the mu-
tiny at the first onset, were sentenced as follows :———0ne was to
be imprisoned for ten years ; one for eight years; and three
were to be imprisoned for six years each. Joaquin Palabra,
a negro-boy, was respited, on account of his youth, and of his
ignorance of the proceedings of the piratical crew.

The trial of Benito Soto, the ringleader, who had made
his escape to Gibraltar, without a passport, remains to be
stated. Mr. Lepri, it appears, the merchant to whom he
had letters of introduction, suspecting that! all was not right,
would have nothing to do with him; and, soon afterwards,
in consequence of intelligence from Cadiz, he was appre-
hended, lodged in prison, and subsequently put upon his
trial. This was before the Admiralty sessions of the peace,
held at the public Court-house, Gibraltar, on the 20th of
January, 1830, before his Excellency Sir George Don,
Lieutenant-Governor; Mr. Baron Field, Judge of the Court
of Civil Pleas; Stephen Remnant Chapman, Esq, Civil

31~

Secretary; William Sweetland, Esq., Captain of the Port;
and Captain Sir Thomas Fellows, R; N. Commissioners for
the trial of offences committed on the high seas.

The prisoner was indicted for piratically boarding the Eu-
glish bark, the Morning Star, on the 19th of February, 1828,
on her passage from Ceylon to England, about one league
from the Isle of Ascension, 8m.

At eleven o’clock the Commissioners took their seats on
the Bench, and in a few minutes after the prisoner was
brought into court, escorted by the Provost-Marshal, his
assistant, and a guard of soldiers“ On his being placed in
the dock, he assumed an air of indifference, and stood erect
with his arms folded. He appeared much reduced in flesh
since his first examination, (nineteen months before,) and his
countenance was of a pale and deadly yellow hue. He was
habited in a white jacket and trowsers, and his shirt collar
was open at the neck. His thick matted hair and bushy
whiskers had been shorn, but he still realized in his personal
appearance all that can be imagined of that of a desperate
pirate. ,

The indictment having been read in English, and inter-
preted to the prisoner in his native language, Spanish,

In support of the charge, Mr. Shea, the Crown Solicitor,
addressed the Jury (which, at the request of the prisoner,
were all Englishmen) :-—“In the course of my professional
labours,” observed the learned gentleman, “it has frequently
happened that crimes of deep and revolting character have
been subjects of the investigations in which 'I was engaged;
but I have met none to exceed in cool and deliberate wicked-
ness, the crime with which theprisoner at the bar stands
charged, and which you are assembled here to try this day.
With you, gentlemen, and the Honourable Commissioners of
this court, rests the awful responsibility of the case; for me,
it is only to lay it before you in the clearest manner I can.
But, before I proceed, I beg you to dismiss from your
minds all that you have previously heard or known relative
to the circumstances of the charge, and to form‘ your
judgment solely upon the evidence which shall appear before

on.”
y Here the learned gentleman stated the particulars of the

32

case, in substance as they have been already given. In the
course of his address, he observed that the prisoner at the
bar had never been on board of the Morning Star; but, if
the court and jury should be satisfied, that he was on board
of the piratical vessel, the crime would be as fully proved as
though he had actually boarded the other. With regard to
the prisoner’s identity, and his presence on board of the
piratical ship when the outrage was committed, an evidence
would be examined—the steward of the Morning Star. He
would go so far as to swear to the figure, gait, and general
personal appearance of the prisoner, although he could not
swear to his features; for as the two vessels were close to
each other, he had an opportunity of observing him; but as
the prisoner held at the time a speaking-trumpet before his
face, 1n the act of hailing the Ilforning Star, the steward was
unable to see his countenance.

After some further observations from the Crown Solicitor,
respecting some other witnesses to be called, Andrew Beyer-
man, the steward of the Morning Star, was examined. His
evidence, delivered very circumstantially, and at great length,
was in exact accordance with the present narrative—“A
person hailed from~ the pirate, who seemed to be the leading
man, and desired the Morning Star to heave-to again. I
had been driven upon deck by a man, whom I since saw at
Cadiz, named Nicholas Fernandez. The man in the pirate,
Whom I remarked, hailed through a speaking trumpet, which
prevented me from seeing his features. .He stood conspi-
cuous enough to permit me to observe his attitudes and
stature. I never saw him afterwards, until I saw him here ;
and I do not hesitate a moment to say that the prisoner at the
bar is the same who gave directions, as the leading man, to
those pirates on board of the Morning Star. He spoke in
Spanish; and I know enough of the language to know‘it was
Spanish.”———This witness also swore to a trunk, and its con-
tents —— to a dirk, and to various other articles that had been
plundered from the Morning Star.

Mr. Bushby, the mate of the Morning Star, and a quar-
ter—master- -sergeant of the Staff Corps, respectively corrobo-
rated the testimony of Mr. Beyerman.

Signor Basso, a tavern-keeper at Gibraltar, swore to the

33

person of the prisoner, who had come to lodge at his house
in the month of June, 1828. He represented himself as
from Cadiz; had no luggage when he first came; but, after
he had absented himself for a time he returned, said he had
been to Malaga, and "brought a trunk with him, which, he
said, belonged to his friend, who was going to sail for Cadiz.
[Here the trunk alluded to was again identified.]

Anna, a maid—servant at the tavern, swore to a dirk which
she had found under the prisoner’s pillow—[The dirk, as well
as the wearing apparel and other contents of the trunk, were
proved to have been the property of one of the passengers on
board of the Morning Star.]

The chief constable of Gibraltar proved his seizure of the
trunk, and various other articles, in the prisoner’s room,
in July, 1828. He found three pocket-books in the trunk——
one empty; one contained papers concerning the Defensor
de Pedro; the third had “Benito de Soto ” written in it;
also, “ Sailed, on the 26th December, from Gravesend to
Ceylon.”

.A Constable of Marine of Cadiz, and a dealer in marine
stores, were then examined, and proved the prisoner’s pre-
sence in Cadiz; that he there contracted for the Sale of the
wreck, for the sum of one thousand dollars; and that he
exercised supreme authority over his crew, who obeyed him,
in his assumed capacity of mate, or contremaistre. I

An African boy, fifteen years of age, (the same whom we
«have mentioned as having been respited,) was here brought
forward as a witness; but he was found to be so grossly ig-
norant, that his evidence was rejected by the Court. ‘ '
k The prisoner, on being called on for his defence, com-
menced a long, incoherent story, totally irrelevant to the
case; and after having been listened to for a considerable
time, he was stopped by the Court. The sum of his defence
was, that he had merely come round from Corunna to Cadiz in
theDefensOr, and there was promised to be made a mate of
a vessel, to be purchased by the supposed captain, who,
however, never appeared. He solemnly declared his innocence.

Mr. Baron Field summed up the evidence, in a clear
and‘concise manner ; after which the jury retired, and in five
minutes ”returned with a verdict of Guilty.

34

The Governor-General, Sir George Don, then passed sen--
tence of death upon the prisoner, who received the announce—
ment of his fate with the same firmness which had characterised

his Whole conduct during his awful trial; and, after a short
silence, he threw forth invective comments on the whole pro-
ceeding. He was led out of court at half-past ten-o’clock,
the trial having lasted upwards of ten hours.

Through the whole of the proceedings, Benito Soto pre-
tended not to understand a word of English. Two Spanish
interpreters were, in consequence, employed on the trial.
However, after the sentence of the Court had been passed,
and he was reconducted to his place of confinement, he was
met by the Provost—Marshal, Mr. Oxberry, who said to him,
in English, “Well, Benito! How is it? and what are they
going to do with you ?” His answer was promptly given, and
in English also—“ The Governor says that I am to be hanged
on Monday, at ten o’clock ; but he might have saved himself
the trouble of interpreters, as I understood all that was said
as well as he did himself.”

On the day after the trial, being told that it was necessary
he should have a confessor, he observed, that heghad still four
days to live, and there was time enough to confess; but,
seized with remorse of conscience, as the day of execution
approached, he consented to have a confessor. He was a
Roman catholic, consequently his confession was not made
public. To the Provost-Marshal, however, he acknowledged
that all which had been deposed in court was true, and that
he was the leader, or captain, of the piratical vessel. But he
insisted, that he had never committed more than two mur-
ders: one, was that of the man against whom he took um-
brage shortly after the mutiny; theother, that of the American,
whose life had been spared from the Topaz. In the latter
case, he said, the man had given him'a severe cut on the
knee, with a knife. He asserted that all the other murders
had been perpetrated by the orders of St. Cyr Barbazan; in
fact, that he had always endeavoured to prevent. the commis-
sion of such crimes, as would be seen hereafter, from his con-
duct in -the encounter with two English ships—the New
Prospect and the Sunbury. This seems to have been merely
an effort to make his guilt appear less than it really was.

35

At nine o’clock on the morning of January 25th, five days
after his trial, Benito Soto was brought from the Moorish
Castle, escorted by the Provost—Marshal and a small guard,
to the place of execution. Attended by a Spanish priest, he
walked slowly at the tail of the car, on which was his coffin.
He held a crucifix in his hand, from which he scarcely ever
raised his eyes, and frequently kissed it with apparent devo—
tion. On his arrival at the fatal spot, which was fronting the
neutral ground, and g at the verge of the bay, he spent a
quarter of an hour in fervent prayer, the rain falling heavily
all the time. At the final moment, he mounted the car
firmly, and harangued the surrounding populace in Spanish,
acknowledging the justice of his sentence, and exhorting
them to take warning by his death, and to pray for him. He
endeavoured to assist the executioner in performing his awful
duty. Finding the halter a little too high, he boldly stepped
upon his coffin, and placed his neck in the noose. Then, as
the car drew away, he leaned forward—sprang, so as to assist
the impetus of his fall—and passed into eternity without the
slightest struggle!

“ He left a Corsair’s name to other times,
Linked with one virtue, and a thousand crimes.”

FINIS.

 

R. Clay, Printer, 7, Bread-Street-Hill, Cheapaide.

 

 

 

 

 
 
 

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